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Section 7-539 - Status of Agreement as Sale — Maryland Law | CourtGPT
  1. Home/
  2. Laws/
  3. Maryland/
  4. Public Utilities - Division I - Public Services and Utilities/
  5. Division I - Public Services and Utilities/
  6. Title 7 - Gas, Electric, and Water Companies/
  7. Subtitle 5 - Electric Industry Restructuring/
  8. Part III - Rate Stabilization/
  9. Section 7-539 - Status of Agreement as Sale
Maryland Legal Code
(a) An agreement by an electric company or assignee to transfer rate stabilization property that expressly states that the transfer is a sale or other absolute transfer signifies that: (1) the transaction is a true sale and is not a secured transaction; and (2) legal and equitable title has passed to the entity to which the rate stabilization property is transferred. (b) The status of the transfer as a true sale prevails regardless of any recourse the purchaser may have against the seller, or any other term of the parties’ agreement, including: (1) the seller’s retention of an equity interest in the rate stabilization property; (2) the fact that the electric company acts as the collector of qualified rate stabilization charges relating to the rate stabilization property; and (3) the treatment of the transfer as a financing for tax, financial reporting, or other purposes.

Section 7-539 - Status of Agreement as Sale

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